Moussa v Medical Council of New South Wales (No 4) [2024] NSWCATOD 73

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Moussa v Medical Council of New South Wales (No 4) [2024] NSWCATOD 73 Hearing dates: 29 – 30 May 2024 Date of orders: 07 June 2024 Decision date: 07 June 2024 Jurisdiction: Occupational Division Before: Acting Judge Levy SC, Principal Member Dr J Aitken, Senior Member Dr S Patel, Senior Member R Kusuma, General Member Decision: (1) It is noted that pursuant to s 55(1)(b) of the Civil and Administrative Tribunal Act 2013 (NSW), the application filed on 24 July 2023 is withdrawn, and is therefore dismissed, without a hearing on the merits. (2) No order as to the costs of the withdrawn and dismissed application. (3) Pursuant to s 64 of the Civil and Administrative Tribunal Act 2013 (NSW), publication of the name of any patient or witnesses other than expert witnesses referred to in these proceedings is prohibited. Catchwords: OCCUPATIONS — registration of medical practitioners — withdrawal of application for reinstatement order — no hearing on the merits COSTS — consideration of appropriate cost order following withdrawal of application — no order as to costs Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 55(1)(b); s 64(1) Health Practitioner Regulation National Law (NSW), s 3B; s 149C(1)(b); s 163B Cases Cited: Dawson v Law Society of NSW [1989] NSWCA 58 Health Care Complaints Commission v Moussa (No 2) [2021] NSWCATOD 173 Health Care Complaints Commission v Moussa (No 3) [2022] NSWCATOD 26 House v The King [1936] HCA 40; (1936) 55 CLR 499 McIntosh v Morris [2021] NSWCA 225 Mooney v Medical Council of NSW [2024] NSWCATOD 24 Muhibbah Engineering BHD v Trust Company Limited [2009] NSWCA 205 Nichols v NFS Agribusiness Pty Ltd [2018] NSWCA 84 Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72 Price v Price [2020] NSWCA 312 Ralph Lauren 57 Pty Ltd v Byron Shire Council [2014] NSWCA 312 Re Minister for Immigration and Ethnic Affairs; Ex Parte Lai Qin [1997] HCA 6; (1997) CLR 622 Ristevski v Medical Council of NSW [2016] NSWCATOD 18 Tziniolis; Re Medical Practitioners' Act (1966) 67 SR 448 Zepinic v Health Care Complaints Commission [2000] NSWSC 13 Category: Principal judgment Parties: Jamal Moussa (Applicant) Medical Council of New South Wales (Respondent) Representation: Counsel: N Simone (Applicant) H Bennett (Respondent)